Possession of Methamphetamine
Methamphetamine is a huge problem in the United States. Between 2012 and 2018, the amount seized by US customs soared from 14,000 to 67,000 pounds. An arrest for possession of methamphetamine (more commonly known as meth, speed, crank, ice, and glass) can be one of the most stressful times in a person’s life. Nobody plans for it to happen. When it does, it is difficult to know what to do next or who to talk to for help.
Exercise your right to remain silent. Don’t volunteer any information to the police. Any information you provide to the police can be used to strengthen their case against you. Depending on the amount of meth in your possession when arrested, you could be sentenced to a long prison sentence. It is in your best interest to speak to a skilled criminal defense attorney immediately.
Defense Attorney for Possession of Methamphetamine in Long Island, NY
The Law Office of Stephanie Selloni firmly believes in the presumption of innocence until guilt is proven. Attorney Stephanie Selloni will fight on your behalf to maintain your innocence. Everyone makes mistakes – even the police. In many cases, people are wrongfully arrested. Contact the Law Office of Stephanie Selloni to schedule a free consultation today.
Call (516) 972-1212 or complete the online form. The Law Office of Stephanie Selloni will review your unique case and the circumstances of your arrest. Stephanie aims to reduce or dismiss your charges whenever possible. She represents those charged with drug crimes across Long Island including Garden City, Mineola, Riverhead, and other communities in the greater Nassau and Suffolk County area.
Overview of Possession of Methamphetamine in Long Island, NY
- What are the Different Degrees of Meth Possession in New York?
- Is a Possession of Methamphetamine Charge a Felony in Nassau County?
- Affirmative Defenses Against Possession of Meth Charges on Long Island
- Additional Resources
What are the Different Degrees of Meth Possession in New York?
Three different laws govern the possession of methamphetamine in New York. The severity of the charge against you depends on the amount of meth in your possession at the time of arrest.
Criminal possession of a controlled substance in the seventh degree is defined by New York Penal Law 220.03. A person violates this law when they possess less than one-half of an ounce of meth illegally and knowingly. However, a person may not be charged for a small amount of meth in or on a syringe they received from a needle exchange program. People who seek medical treatment following an overdose should also not be charged under this law.
Criminal possession of a controlled substance in the fourth degree is defined by New York Penal Law 220.09. This statute outlaws the unlawful and knowing possession of one-half ounce of meth or more. Possessing a half ounce of meth increases the charge from a misdemeanor to a felony.
Criminal possession of a controlled substance in the second degree is defined by New York Penal Law 220.18. A person possessing two or more ounces of meth would be charged under this law. Possession of such a large quantity of methamphetamine also often results in charges for criminal sale of a controlled substance.
Is a Possession of Methamphetamine Charge a Felony in Nassau County?
Most, but not all, meth possession charges are felonies. However, each charge carries consequences that could haunt you for the rest of your life if you don’t properly defend against them. Let’s review the penalties for the various degrees of meth possession.
Seventh-degree meth possession is a class A misdemeanor. This is the only non-felony possession charge. A guilty conviction could mean a prison sentence up to one year and a maximum fine of $1,000.
Fourth-degree meth possession is a class C felony. If convicted for this charge, you could face up to 15 years in prison. You may also be fined up to $15,000.
Second-degree meth possession is a class A-II felony. This is the most serious possession charge. This charge carries a prison sentence of three to eight years and a fine of up to $50,000.
These potential offenses are for first-time offenders. If you have prior felony convictions, your maximum possible sentence is higher – especially if your conviction was for a violent felony.
Affirmative Defenses Against Possession of Meth Charges on Long Island
Not every possession charge is as straightforward as it may seem. You must be proven guilty beyond a reasonable doubt based on the evidence against you. The Law Office of Stephanie Selloni can help identify any defenses that weaken the prosecution’s case.
One possible defense is that your possession was not intentional. To be found guilty of possessing meth, it must be shown that you knowingly possessed it. If you can prove that you didn’t know you possessed meth when you were arrested, you stand a better chance of dodging the charges.
Another affirmative defense is that the police searched you unlawfully. All citizens are guaranteed protection from unreasonable searches and seizures by the Fourth Amendment of the Constitution. If your constitutional rights were violated, any evidence uncovered during an illegal search cannot be used against you. Your charges could be dismissed if you were searched illegally. A qualified criminal defense attorney can help you identify if proper procedure was followed.
Additional Resources
CBP Enforcement Statistics FY2018 | US CBP – United States Customs and Border Protection publishes annual drug seizure statistics on its website. These numbers reflect the amount of illegal drugs, including methamphetamine, seized at the US border and other ports of entry. Here you can view data about the amount of meth intercepted annually by CBP.
2016 Results | NSDUH – The National Survey on Drug Use and Health polls the American public to gain insight into society’s drug use habits. Visit this link to view the most recent results from September 2017. According to this report, an estimated 667,000 people aged 12 and up were current meth users as of 2016. Here you will find a comprehensive data set about the use and misuse of the most popular illegal drugs in American society.
Defense Lawyer for Possession of Methamphetamine on Long Island, NY
The Law Office of Stephanie Selloni can provide personalized care for your case. Meth possession charges can result in prison time and a permanent felony conviction on your criminal record. You deserve a thorough defense. Schedule a free consultation today.
Call (516) 972-1212 or complete the online form. During your consultation, attorney Stephanie Selloni will closely review the facts of your case. Stephanie will work diligently to secure the best possible defense for you. When you’re fighting possession of methamphetamine charges, you’re fighting for your freedom. Don’t try to face the New York legal system alone. Contact Stephanie today.
The Law Office of Stephanie Selloni represents clients in New York City, Glen Cove, Floral Park, and other communities across Suffolk and Nassau County.